Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No.

L-11240 December 18, 1957

CONCHITA LIGUEZ, petitioner, vs. THE HONORABLE COURT OF APPEALS, MARIA NGO VDA. DE LOPEZ, ET AL., respondents. Ruiz, Ruiz and Ruiz for appellant. Laurel Law Offices for appellees. Petition for Certiorari re case for recovery of land, Conchita Liguez decision be reversed on points of law. Plaintiff averred to be its legal ownerof donated land The defense interposed was that the donation was null and void for having an illicit causa or consideration on deed of donation where petitioner was then a minor and for sexual relations, that her parents would not allow Lopez to live with her unless he first donated the land in question, wherein Liguez and Lopez lived together until the laters death. That the donated land originally belonged to the conjugal partnership of Salvador P. Lopez and his wife, Maria Ngo; that the widow and children of Lopez were in possession of the land, made improvements, paid taxes and the deed of donation was never recorded. CA decided donation null and void (1) because the husband had no right to donate conjugal property to the plaintiff appellant; and (2) because the donation was tainted with illegal cause or consideration. Appellant contends that under Article 1274 of the Civil Code of 1889 (which was the governing law in 1948, when the donation was executed), "in contracts of pure beneficence the consideration is the liberality of the donor", and that liberality per se can never be illegal, since it is neither against law or morals or public policy. The flaw in this argument lies in ignoring that under Article 1274, liberality of the donor is deemed causa in those contracts that are of "pure" beneficence; that is to say, contracts designed solely and exclusively to procure the welfare of the beneficiary, without any intent of producing any satisfaction for the donor; contracts, in other words, in which the idea of self-interest is totally absent on the part of the transferor. For this very reason, the same Article 1274 provides that in remuneratory contracts, the consideration is the service or benefit for which the remuneration is given; causa is not liberality in these cases because the contract or conveyance is not made out of pure beneficence, but "solvendi animo." Lopez was not only moved Liguez, but also that he could gratify his sexual impulses. Actually, donation was an onerous transaction. Thus considered, the conveyance was clearly predicated upon an illicit causa.

Appellant contended difference liberality of Lopez, as causa for the donation and his desire for cohabiting as motives. In this case, cohabitation was an implied condition to the donation, and being unlawful, necessarily tainted the donation itself. Court of Appeals rejected the appellant's claim on "in pari delicto non oritur actio" rule. Pari delicto rule does not apply. First, because not both parties had equal guilt Lopez mature experienced, appellant was a minor, when the donation was made; No proof that she was fully aware of the bargain between Lopez and her parents; that, her acceptance of the donation did not imply knowledge of the bargain; and that it was the her parents who insisted on the donation before cohabiting Lopez. Facts suggests seduction than of immoral bargaining on the part of appellant. Secondly, in pari delicto bars any party from pleading the illegality of the bargain either as a cause of action or as a defense. And such plea is barred and his heirs also cannot have better rights than Lopez himself. Appellees, as successors of the late donor, being thus precluded from pleading the defense of immorality or illegalcausa of the donation, the total or partial ineffectiveness of the same must be decided by different legal principles. CA correctly held that Lopez could not donate the entirety of the property in litigation, to the prejudice of his wife Maria Ngo. To determine the prejudice to the widow, it must be shown that the value of her share in the property donated can not be paid out of the husband's share of the community profits. T heir right to a legitime out of his estate is not thereby affected, since the legitime is granted them by the law itself, over and above the wishes of the deceased. Hence, the forced heirs are entitled to have the donation set aside in so far as in officious: i.e., in excess of the portion of free disposal (Civil Code of 1889, Articles 636, 654) computed as provided in Articles 818 and 819, and bearing in mind that "collationable gifts" under Article 818 should include gifts made not only in favor of the forced heirs, but even those made in favor of strangers, as decided by the Supreme Court of Spain in its decisions of 4 May 1899 and 16 June 1902. So that in computing the legitimes, the value of the property to herein appellant, Conchita Liguez, should be considered part of the donor's estate. Once again, only the court of origin has the requisite date to determine whether the donation is inofficious or not. With regard to the improvements in the land in question, the same should be governed by the rules of accession and possession in good faith, it being undisputed that the widow and heirs of Lopez were unaware of the donation in favor of the appellant when the improvements were made. The appellees, relying on Galion vs. Garayes, 53 Phil. 43, contend that by her failure to appear at the liquidation proceedings of the estate of Salvador P. Lopez in July 1943, the appellant has forfeited her right to uphold the donation if the prejudice to the widow Maria Ngo resulting from the donation could be made good out of the husband's share in the conjugal profits. It is also argued that appellant was guilty of laches in failing to enforce her rights as donee until 1951. This line of argument overlooks the capital fact that in 1943, appellant was still a minor of sixteen; and she did not reach the age of majority until 1948. Hence, her action in 1951 was only delayed three years. Nor could she be properly expected to intervene in the settlement of the estate of Lopez: first, because she was a minor during the great part of the proceedings; second, because she was not

given notice thereof ; and third, because the donation did not make her a creditor of the estate. As we have ruled in Lopez vs. Olbes, 15 Phil. 547-548: The prima facie donation inter vivos and its acceptance by the donees having been proved by means of a public instrument, and the donor having been duly notified of said acceptance, the contract is perfect and obligatory and it is perfectly in order to demand its fulfillment, unless an exception is proved which is based on some legal reason opportunely alleged by the donor or her heirs. So long as the donation in question has not been judicially proved and declared to be null, inefficacious, or irregular, the land donated is of the absolute ownership of the donees and consequently, does not form a part of the property of the estate of the deceased Martina Lopez; wherefore the action instituted demanding compliance with the contract, the delivery by the deforciant of the land donated, or that it be, prohibited to disturb the right of the donees, should not be considered as incidental to the probate proceedings aforementioned. The case of Galion vs. Gayares, supra, is not in point. First, because that case involved a stimulated transfer that case have no effect, while a donation with illegal causa may produce effects under certain circumstances where the parties are not of equal guilt; and again, because the transferee in the Galion case took the property subject to lis pendens notice, that in this case does not exist. In view of the foregoing, the decisions appealed from are reversed and set aside, and the appellant Conchita Liguez declared entitled to so much of the donated property as may be found, upon proper liquidation, not to prejudice the share of the widow Maria Ngo in the conjugal partnership with Salvador P. Lopez or the legitimes of the forced heirs of the latter. The records are ordered remanded to the court of origin for further proceedings in accordance with this opinion. Costs against appellees. So ordered. Paras, C.J., Bengzon, Padilla, Montemayor, Reyes, A., Bautista Angelo, Labrador, Concepcion, and Endencia, JJ., concur.

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